Abstract

Job applicants with criminal records are much less likely than others to obtain legitimate employment, a problem that recent legislation, including Ban the Box, has attempted to address. The success of any remedial strategy depends on why hiring firms impose a hiring penalty and whether their concerns are founded on an accurate view of how ex-offenders behave on the job if hired. Little empirical evidence now exists to answer these questions. This paper attempts to fill this gap by examining firm-level hiring practices and worker-level performance outcomes. Our data indicate that the typical employee with a criminal record has a psychological profile different from other employees, with fewer characteristics that are associated with good job performance outcomes. Despite these differences, individuals with criminal records have an involuntary separation rate that is no higher than that of other employees and a voluntary separation rate that is much lower. Employees with a criminal record do have a slightly higher overall rate of discharge for misconduct than do employees without a record, although we find increased misconduct only for sales positions. We also find that firms that do not use information about criminal backgrounds seem to compensate by placing more weight on qualifications that are correlated with a criminal record, such as low educational attainment.

Highlights

  • Job applicants with a criminal record are much less likely than others to receive an offer of employment

  • Are employers primarily concerned with potential workplace misconduct or are they using a criminal record as a proxy for the personality characteristics associated with job instability or poor performance? Is either fear founded on an accurate view of how individuals with records behave on the job if they are hired?

  • Hired employees have an anonymized identifier of their employer called firm_id; a location field that encodes the city and state in which the employee was hired16; a position_type field describing the type of job held by the worker17; a variable LOE recording the length of employment, in days18; and the cause of termination either voluntary (TERM_V) or involuntary (TERM_I) when known

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Summary

Introduction

Job applicants with a criminal record are much less likely than others to receive an offer of employment. Hired employees have an anonymized identifier of their employer called firm_id; a location field that encodes the city and state in which the employee was hired16; a position_type field describing the type of job held by the worker (agent, customer service, sales, technical support, or other)17; a variable LOE recording the length of employment, in days18; and the cause of termination either voluntary (TERM_V) or involuntary (TERM_I) when known.19 For 4.5% of our employees, the cause of termination was “misconduct.” All applicants took a personality test that including three proprietary questions and 15 FFA questions.

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